Wage garnishment (also known as wage attachment or wage assignment) is a legal procedure in which a person's earnings are required by court order to be withheld by an employer for the payment of a debt such as child support, spousal or partner support, or a judgment in a civil lawsuit.
Title III of the federal Consumer Credit Protection Act (CCPA) prohibits an employer from discharging an employee whose earnings have been subject to garnishment for any one debt, regardless of the number of levies made or proceedings brought to collect it. Title III also limits the amount of an employee’s earnings that may be garnished in any one week. But it does not protect an employee from discharge if the employee's earnings have been subject to garnishment for a second or subsequent debts.
Title III applies to all individuals who receive personal earnings and to their employers. Personal earnings include wages, salaries, commissions, bonuses, and income from a pension or retirement program, but does not ordinarily include tips.
States also have laws governing wage garnishment, attachment, or assignment, and these laws vary from state to state.
In South Carolina, wage garnishment is a legal process where a court orders an employer to withhold a portion of an individual's earnings to pay off debts such as child support, alimony, or civil lawsuit judgments. Under Title III of the federal Consumer Credit Protection Act (CCPA), there are protections in place for employees facing wage garnishment. Specifically, an employer cannot terminate an employee for the garnishment of wages for a single debt, no matter how many times the wages are garnished for that debt. However, this protection does not extend to situations where an employee's wages are garnished for multiple debts; in such cases, the employee is not protected from termination. Title III also sets limits on the percentage of an employee's earnings that can be garnished in any given week. While the CCPA provides a federal baseline, state laws can offer additional protections or stipulations regarding wage garnishment. South Carolina's state laws may differ in specifics, so it's important for individuals and employers to be aware of both federal and state regulations regarding wage garnishment.